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Update from the Business Law Section's INSOLVENCY LAW COMMITTEE
FYI
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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To: Bus. Law Insolvency Constituency List
Sent: Wed, Aug 7, 2013 3:23 pm
Subject: Update from the Business Law Section's INSOLVENCY LAW COMMITTEE
Insolvency Law Committee - Business Law Section of the State Bar of California
Bankruptcy e-Bulletin
Co-Chair
James P. Hill
Co-Chair
Thomas R. Phinney
Co-Vice Chair
Diana D. Herman
Co-Vice Chair
Uzzi O. Raanan
Jennifer Choy
Business Law Section
Administrative Assistant
State Bar of California
180 Howard St.
San Francisco, CA 94102
415-538-2570
FAX 415-538-2368
jennifer.choy@calbar.ca.gov
August 7, 2013
Dear constituency list members of the Insolvency Law Committee, the following are three recent case updates discussing the dischargeability of student loans in bankruptcy:
Summary
The U.S. Court of Appeals for the Ninth Circuit, in Hedlund v. Educ. Resources Institute, Inc., No. 12-35258 (9th Cir. May 22, 2013) and Roth v. Educ. Credit Mgmt. Corp., No. 11-1233 (B.A.P. 9th Cir. Apr. 16, 2013), and the U.S. Court of Appeals for the Seventh Circuit, in Krieger v. Educ. Credit Mgmt. Corp., No. 12-3592 (7th Cir. Apr. 10, 2013), have recently ruled on the standard of review applicable to the determination of good faith under the long-standing Brunner test for dischargeability of student loan debts in bankruptcy under 11 U.S.C. 523(a)(8). Although Hedlund overrules the holding in Roth, Judge Pappass concurrence in Roth is a noteworthy commentary regarding Brunner's undue hardship analysis, as applied to the current economic climate.
Hedlund v. Educ. Resources Institute, Inc., et al., No. 12-35258 (9th Cir. May 22, 2013). To read the full decision, click here: http://cdn.ca9.uscour
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